An HIV-positive
former employee of Belle Bonfils Memorial Blood Center in
Denver is appealing a lower court's dismissal of a
discrimination lawsuit he filed against the center
after he was forced out of his job because of his HIV
status, the Denver Post reports. John Couture
told the 10th U.S. court of appeals in Denver that he is
pursuing the case because he doesn't want the
center to continue to discriminate against
HIV-positive people. He claims he was hired in August 2001
as a mobile phlebotomist but was later forced out of
that job and given a different position when he told
his supervisors he is HIV-positive. Couture says
center officials told him they were worried he might expose
blood donors to HIV, despite the fact that there has never
been a case of HIV being transmitted to a blood donor
from a phlebotomist. Couture quit his reassigned
position as a laboratory technician after one week.
Couture's lawsuit claims the blood center violated
its contract with him and also violated the Americans
With Disabilities Act, which protects HIV-positive
people from discrimination. A lower court dismissed the
lawsuit last year. A decision by a three-judge appeals court
panel is expected in the next few months.
(Advocate.com)